19 U.S.C. § 2354

Current through P.L. 118-65 (published on www.congress.gov on 06/17/2024)
Section 2354 - Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding
(a) Subject matter of study

Whenever the Commission begins an investigation under section 2252 of this title with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of-

(1) the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.
(b) Report; publication

The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title. Upon making its report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

(c) Information to firms

Whenever the Commission makes an affirmative finding under section 2252(b) of this title that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

19 U.S.C. § 2354

Pub. L. 93-618, title II, §264, Jan. 3, 1975, 88 Stat. 2035; Pub. L. 100-418, title I, §1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; temporarily renumbered §261, Pub. L. 111-5, div. B, title I, §1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 112-40, title II, §201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 114-27, title IV, §402(b), (c), June 29, 2015, 129 Stat. 374.

Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.

EDITORIAL NOTES

CODIFICATIONSource credit of Pub. L. 93-618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. Section 233 of Pub. L. 112-40 which provided for the Jan. 1, 2014, revival of the numbering of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114-27, title IV, §402(a), June 29, 2015, 129 Stat. 374, and the renumbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114-27, §§402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111-5 which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 111-5 was repealed by Pub. L. 112-40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 111-5was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112-40, §§201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.

AMENDMENTS1988-Subsec. (a). Pub. L. 100-418 substituted "section 2252" for "section 2251".Subsec. (b). Pub. L. 100-418 substituted "section 2252(f)" for "section 2251".Subsec. (c). Pub. L. 100-418 substituted "section 2252(b)" for "section 2251(b)".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE AND TERMINATION DATES OF 2015 REVIVALFor revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114-27 set out as a note preceding section 2271 of this title.For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114-27see section 406 of Pub. L. 114-27 set out as a note preceding section 2271 of this title.

EFFECTIVE AND TERMINATION DATES OF 2011 REVIVALFor revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112-40 set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112-40 formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114-27, title IV, §402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100-418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100-418 set out as a note under section 2251 of this title.

TERMINATION DATEExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93-618 as modified by section 406(a) of Pub. L. 114-27 set out as notes preceding section 2271 of this title.

existing
The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).